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#1 Posted : 24 November 2003 09:05:00(UTC)
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Posted By Shane Johnston
We check our employee driving licenses (those who are required to drive on business) once per year, however it has been suggested we do this three time per year by an inspector. While I do not usually ignore advice, given the scale of the issue (2500 people) administering this process is not, IMHO, reasonably practicable.

I have know employees who have two licenses (obtaining a new one by just saying they lost the old), and showing the employer the "clean" license. No amount of checking would identify these individuals. However I am open to change, and would appreciate it if you could let me know how often you check your employee driving licenses (to confirmt they still have one and to not any points on the license).

Shane
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#2 Posted : 24 November 2003 09:32:00(UTC)
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Posted By Nick House
Hi Shane

Although I see your point about 'duplicate licences', I'm sure that this practice is in the minority. To try to counteract this, it might be worth keeping a note of the issue number of the licences that are checked.

With regard to checking, more frequently than your current annual checks, would it not be prudent for area/ departmental managers to carry out the checks for their relevant teams, and forward the results to a central source?

Regards

Nick.
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#3 Posted : 24 November 2003 12:01:00(UTC)
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Posted By Dave Wilson
Why would you need to check it more often or even after the first time? seems to be a 'jobs worth' task.

Have the company Insurers given a view?
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#4 Posted : 24 November 2003 12:15:00(UTC)
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Posted By Shane Johnston
Dave,

Quite agree with you, I've better things I could spend my resources on. However an inspector from Vehicle and Operator Services Agency has recommended three monthly checks as best practice. I'm trying to get VOSA to name any publication that suggests this frequency .. but no luck yet. So next best thing is to find out what everybody else does ... hence my posting.

Shane.
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#5 Posted : 24 November 2003 12:23:00(UTC)
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Posted By Dave Wilson
Never been prosecuted for not doing industry best practice - Ask where this is to be found

would still get insurers point of view, as a 'banned driver' who is driving a company vehicle may invalidate any prospective claim after an RTA etc.

In a previous job we had a FLT driver who was banned for 18 months (drink driving)but only 'on the Queens Highway' so didnt affect his job, but would have been arrested if he went outside the confines of the premises. How daft is that?
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#6 Posted : 24 November 2003 12:50:00(UTC)
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Posted By Jonathan Breeze
Shane,

We have reviewed our policy on company drivers in the light of the new(ish) HSE guidance and will be requesting staff who drive to submit their licence, insurance details and a current MOT certificate (if needed) before travel claims will be processed.

This will occur on an annual basis.

I am however particularly alarmed at the prospect of having to collate these details 3 times a year, as I had a hard enough job persuading people that we needed to check these details annually.

I would particularly like to get hold of this guidance you refer to as I've not yet seen it.

Wouldn't this sort of stuff be covered by the term 'reasoanably practicable'?

E.g. It is reasonably practicable to collect Insurance & MOT details on an annual basis (as they are issued annually) and while you're at it can we take a look at your licence to check you're not driving illegally?

I would also strongly agree with Dave about checking with company insurers.

Thoughts anyone?



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#7 Posted : 24 November 2003 14:57:00(UTC)
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Posted By Andy Stokes
Just left an employer where I worked with the Fleet Manager to put in place licence checks once per 12 month period based on the appointment date. Also in place was MOT and insurance checks with the first expenses claim form each financial year. This was more than enough for our insurers, and I had a problem with Directors who objected to having their licence checked annually for their company cars. However, we did get advised by DVLA that keeping copies of the licence was only acceptable if the individual gave written consent to this. To make this easier we asked for a completed insurance declaration form - accident info, convictions etc - which was signed as true by the persons line manager, who also confirmed they had again seen the licence. This form was then sent to h&s admin. This puts the onus on line management for the correct operation of the system, and the safety administration for the safe compilation of data. We then sent Regional Directors a quarterly list of those permitted to drive, and we gradually got a better response rate to the licence checks when RDs realised they had some staff without the apporpriate internal permit.

Hope this helps

Andy Stokes
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#8 Posted : 24 November 2003 16:30:00(UTC)
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Posted By Geoff Burt
Driving at Work HSE INDG382

It asks: Do you check the validity fo the driving licence on recruitment and periodically thereafter?

No mention is made of what 'periodically means' and I would suggest 12 months or even 24 months would be a reasonable period.

If it was good practice to check more often than that the HSE would have included it in the above guidance.

Someone mentioned jobsworth - right on.
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#9 Posted : 25 November 2003 12:56:00(UTC)
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Posted By Dave Wilson
As an aside would having this info contravene data protection?

Any answers?
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#10 Posted : 25 November 2003 13:59:00(UTC)
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Posted By Bill Elliott
On employment should it not be a condition for those employed as drivers to disclose any motoring offence likely to affect their ability to carry out their job. The problem with an annual check is the day after checking someone could have an endorsement applied, this could then run a full twelve months before it was then checked again. With an employee disclosure built in that would cover those eventualities. The check needs to be administered by line management signifying that they have seen and checked the licence details, copies should not be required to be kept as this could infringe data protection rights.
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#11 Posted : 27 November 2003 11:39:00(UTC)
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Posted By Paul Swift
When working in the transport industry some years ago it was considered best practise to check licences 6 monthly to reduce the time that a driver could potentially be driving company vehicles following a conviction. Dependent on the insurance cover in place, a 3 point speeding conviction could invalidate the company insurance for a particular driver, thereby leaving the driver open to prosecution for driving without insurance and the company open to prosecution for aiding and abetting.

I am working on a 6 monthly system for the company I currently work for. We are looking at devolving responsibility for licence checks to line managers, and holding (with authorisation) photocopies of licences to compare when checks are made. It is almost certainly not going to go down well with the sales staff who do the most driving, but it is also these that seem to get the most Gatso portraits!

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#12 Posted : 28 November 2003 11:54:00(UTC)
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Posted By Shane Johnston
Those who check more that once per year probably have few drivers, compared to the 2000+ that I am talking about. My organisation repairs MOD equipment/vehicles and almost all employees are required to drive. It is not reasonable practicable to check 2000+ lisences 3 times per year. Say 10mins per check (individual with license stopping work to show line manager, and inc photocopy, or documentation time), x 2000 x 3 = 1000hrs(or 27 weeks solid work). 1000 hrs @ say £45 charge out rate = £45K of lost production. Just doing it once per year equates to £15K.

Yes I know it's not all about cost, but that's a lot of lost production simply to confirm that someone had a license yesturday but might not have one today.

Shane
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#13 Posted : 28 November 2003 12:51:00(UTC)
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Posted By Geoff Burt
Convinced you're right about periods between checks but not completely sure of your financial arguement.

Does it matter how many driver are involved, the individual cost remains basically the same no matter how many people you employ. You could even say economy of scale reduces your overall costs compared to your smaller competitors.

Resource wise it is less economical for small companies because of their reliance on each individual to be 'producing'.

The actual amount is fairly meaningless without putting it into terms of percentage turnover and profit.

I agree with the practicality issue, it is what is reasonable in the circumstances taking the risk into account. I see no point in checking licences every 6 months - generally 12 months is perfectly acceptable.

If it was suggested the MoT for private cars should be more frequent I could certainly agree with that - because of the greater risk (poor or lack of maintenance, age of cars and so on) and lack of enforcement in the form of road checks by the police.
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#14 Posted : 28 November 2003 12:57:00(UTC)
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Posted By Nick House
Hi shane - I appreciate your dilemma, and stepping into the 'real world' I would say that an annual inspection would be sufficient.

However it would be an idea to include in any policy that should a driver receive any endorsements between checks, then it is their responsibility to inform their line manager.

My reasoning behind this is that Section 11 of the Road Traffic Offenders Act relates to 'Causing or Permitting a person to drive without a licence' - £1k fine.

Regards

Nick.
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#15 Posted : 28 November 2003 12:59:00(UTC)
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Posted By Mark Jarman
In response to Dave Wilsons comments, I would suggest that the DPA applies to the protection of data once it is collected, and not the actual collection itself.
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#16 Posted : 28 November 2003 14:37:00(UTC)
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Posted By Shane Johnston
Geoff,

I agree that cost per individual is the same, but it is the % of drivers per employer that counts. Small company with just a few sales reps may only have 2% driving on business, whereas we have about 90% of our 2500 employees driving on business.

Shane
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#17 Posted : 28 November 2003 15:40:00(UTC)
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Posted By Geoff Burt
But if they are a much smaller company with a much lower turnover it is effectively costing the smaller company much more per individual - although actual costs per individual may be very similar!

Same concept applies to training. Turnover and profit has to be taken into account to make the figure meaningful.

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#18 Posted : 28 November 2003 17:46:00(UTC)
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Posted By Jack
Have to agree with Geoff, Shane. If the costs per driver are the same what's reasonably practicable for one is reasonably practicable for the other.

Don't disagree that 3 time a year is probably too much though.
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#19 Posted : 29 November 2003 20:40:00(UTC)
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Posted By Willian Holbrook
As an Hgv Driver and health & Safety rep at a large distribution company we have our licenses checked on a quarterly basis. This has the full support of the health & safety committee as well as the recognized trade union. The Hgv Drivers and other members of staff who drive any number of miles can easily accrue points on their licence that can soon exclude them from driving. Another more important concern is that many people have their licences revoked for medical reasons. Therefore you have to consider that without regular checks you can finish up with employees behind the wheel that could be a major danger to other road users as well as themselves. Remember a person who loses their licence may well feel they have a good reason to keep the fact from their employer, if they think they will lose their job

Bill Holbrook
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